Reviewed August 2026
Uncontested Divorce Checklist in Maine
A Maine divorce counts as uncontested when both spouses agree on the divorce and every term, and the case skips a contested hearing. Maine has no separate simplified or summary divorce statute. Every case, contested or not, follows the same Complaint for Divorce process. There is a packet for cases with children and a separate one for cases without. An agreed case changes speed and paperwork, not eligibility. Maine's residency rule is flexible. It offers four ways to qualify to file, and only one of them requires six months of living in the state.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Maine law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Maine paperwork. See how Virdix works for California divorces.
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Maine's four residency tests
Under 19-A M.R.S. section 901, a filer must meet just one of four tests. The plaintiff has resided in Maine in good faith for six months before filing. Or the plaintiff is domiciled in Maine and the marriage happened there. Or the plaintiff is domiciled in Maine and both spouses lived there when the grounds for divorce arose.
The simplest test: the defendant is currently domiciled in Maine. That fourth test carries no waiting period. A case can be filed right away if the other spouse lives in Maine, even if the filing spouse just arrived.
Document checklist
File a Complaint for Divorce with Children, Form OTH-039, or the version without children, Form OTH-040. Both need a Family Matter Summons and Preliminary Injunction, Form FM-038. Get that form in person from the clerk's office for a small fee; it isn't available for download.
Add a signed settlement agreement covering property, debt, and, if it applies, custody and support. A spouse who cannot afford filing fees can use Form CV-067, Application to Proceed Without Payment of Fees, or the bundled packet version, Form OTH-123.
Grounds
Most uncontested Maine divorces rely on the no-fault ground: irreconcilable marital differences, under 19-A M.R.S. section 902. Maine also keeps a long list of fault grounds on the books, including adultery, extreme cruelty, and three years of desertion.
Maine treats old common-law defenses loosely. Courts weigh recrimination comparatively rather than treat it as an absolute bar. Condonation is left to the court's discretion instead of automatically defeating the case. Agreed cases almost always rely on the no-fault ground alone.
Timing and parenting classes
Maine's court system sets a 60-day minimum between filing complete paperwork and the final divorce hearing. This shows up in Judicial Branch guidance, not in the Title 19-A statute text itself, so treat it as a court-procedure practice.
Maine's Co-Parent Education Program is a four-hour class the court may order in certain cases with minor children. It isn't automatically required in every case with children. Participants generally pay a separate workshop fee to the organization running it, apart from court filing fees.
Sources: 19-A M.R.S. section 901, residency requirements, 19-A M.R.S. section 902, grounds for divorce, Maine Judicial Branch, divorce and separation self-help, Maine Judicial Branch, divorce process guidance, Maine Judicial Branch, court forms index, Maine Judicial Branch, Co-Parent Education Program
Not independently confirmed
- The specific Maine Rule of Civil Procedure or Family Law Rule that codifies the 60-day waiting period between filing and the final hearing was not located in the Title 19-A statute text reviewed. It is stated on the Judicial Branch's process page; confirm the underlying rule number with the filing court.
- The exact criteria for when a court will order participation in the Co-Parent Education Program, as opposed to it being optional, were not specified in the materials reviewed. Confirm with the filing court whether it applies to a specific case.
Uncontested Divorce Checklist in Maine: frequently asked questions
Does Maine have a simplified divorce procedure?+
No separate statute exists. Every Maine divorce, contested or uncontested, goes through the same Complaint for Divorce process, using the with-children or without-children packet. An agreed case moves faster in practice by skipping a contested hearing, but Maine offers no separate abbreviated-eligibility track like some other states do.
What is Maine's residency requirement for divorce?+
A filer has to meet one of four tests. Six months of good-faith Maine residency by the plaintiff is the most commonly cited one, but it isn't the only path. If the marriage happened in Maine, if both spouses lived there when the grounds arose, or if the defendant currently lives in Maine, the case can proceed without that six-month wait.
How long does an uncontested Maine divorce take?+
Maine's court system sets a minimum of 60 days between filing complete paperwork and the final hearing. This comes from Judicial Branch guidance, not the divorce statute itself. Contested cases involving minor children generally also go through a Case Management Conference and mediation, which can add time.
What forms do I need for an uncontested Maine divorce?+
File Form OTH-039, Complaint for Divorce with Children, or Form OTH-040 for cases without children. Both need a Family Matter Summons and Preliminary Injunction, Form FM-038, picked up in person from the clerk's office for a small fee. Add a signed settlement agreement covering the case's terms.
Can I get the Maine filing fee waived?+
Yes, if you cannot afford it. File Form CV-067, Application to Proceed Without Payment of Fees, or the bundled Form OTH-123 packet version. Both are published in the Maine Judicial Branch's official court forms database. Request them at the courthouse or through the online forms portal.
Do we need a parenting class if we have minor children in Maine?+
Possibly, but not automatically. The court may order participation in the Co-Parent Education Program, a four-hour class, in certain cases involving minor children. Maine's official guidance doesn't say it's required in every case with children, so confirm with the filing court whether it applies to your case.
This page is general information about uncontested divorce checklist in Maine, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Maine's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Maine. Virdix does not prepare or file Maine divorce paperwork. It is not a substitute for an attorney licensed in Maine.
More Maine divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Maine, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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